Summary

The CWA declares several national goals and policies to restore and maintain the nation's waters (CWA §101).

The CWA makes the discharge of any pollutant by any person unlawful unless the discharge is in compliance with specified provisions in the act (CWA §301).

States are required to adopt water quality standards for identified waters within their boundaries (CWA §303).

The EPA must develop information and guidelines for the implementation and administration of programs under the act. (CWA §304).

The EPA is required to establish federal NSPSs for categories of new sources (CWA §306).

The CWA establishes procedures for inspection, monitoring, and entry. Owners and operators of point sources are required to maintain records and install and use monitoring equipment or methods. The EPA or its authorized representative can enter and inspect point sources and their records (CWA §308).

The CWA's federal enforcement provision authorizes compliance schedules and orders, administrative orders and penalties, as well as criminal and civil penalties (CWA §309).

States must adopt nonpoint source management programs to improve water quality within the state (CWA §319).

The NPDES establishes a permit program to control the discharge of pollutants from point sources. The program is implemented by the EPA or a delegated state (CWA §402).

The Army Corps of Engineers is authorized to issue permits for the discharge of dredged and fill material into waters of the United States. This provision has a significant impact on wetland protection (CWA §404).

The EPA can bring suit on behalf of the United States pursuant to its emergency powers. Such powers are used to protect the health and welfare of persons against imminent and substantial endangerment from a pollution source (CWA §504).

The CWA has a citizen's suit provision allowing any citizen to commence a civil action against any person who

32. This law, at a minimum, requires consultation with the U.S. Fish and Wildlife Service to assure protection of habitat and species under their protection.

33. This act and the ESA are administered by the Department of Interior (except in the case of rivers in national forests which are subject to the Department of Agriculture).

violates the act. This provision includes suits against the EPA for failure to perform a nondiscretionary duty (CWA §505).

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